logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2020.11.26 2020고단2094
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 14 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On September 19, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on September 19, 2008

【Criminal Facts】

On April 20, 2020, at around 23:09, the Defendant driven B benz car under the influence of alcohol leveling 0.071% without obtaining a driver’s license from around 100 meters away from the roads in front of a mutually influent restaurant in Gwangju-si to the station-dong in Gwangju-si.

As a result, the defendant driven a motor vehicle without obtaining a driver's license, and violated Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Report on the legal statement of the defendant, the driver, the state of his oral statement, and notification of the result of the drinking driving control;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), 44 (1) of the Road Traffic Act, and Articles 152 (1) and 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed a second offense even though the Defendant had a second offense and a fourth-timeless driver’s license.

However, the blood alcohol concentration is relatively high, and the previous conviction is in 2008 and has not been repeated for a considerable period of time.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive and background of the crime, means and result of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments.

arrow